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You are here: Experts > Arts/Humanities > Political Science > 1st Amendment and Free Speech > photo consent
Expert: Ed Buckner
Date: 11/27/2007
Subject: photo consent
Question
The wedding photographer that my sister used decided to use pictures from her wedding on their website as advertisements (Sample pictures). The company gave my sister all of the photos they took and signed over the copyrights. They never recieved or even asked for consent from me but now photos of my 3 year old are on their website. Is this allowed? They did not get consent and now my sister is the one who owns the copyright.
Answer
Dear Aimee,
I'm not an attorney and this is somewhat out of my area of expertise--but I talked briefly to a friend who has done professional photography, and he thinks you may very well have the right, under the circumstances you described, to require them to stop using your child's photo. It may be affected by the contract the photographer had with your sister and even with where the wedding was held (whether it was reasonable to construe it as a private event, as seems likely).
I'd start with a letter (keep a copy; perhaps send it certified/return receipt) to the photographer informing him that your minor child is included in photo(s) he is using for commercial purposes and that you have not granted permission for this, and requesting that he immediately cease to use the image of your daughter. If he does not do so pretty quickly, I'd consult a local attorney.
Regards,
Ed Buckner
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